JM vs. Southeastern Greene

Due Process Hearing

Student JM (#8557/07-08 AS)

Date of Birth: xx/xx/xx
Date of Hearing: April 8, May 12 & 16, June 11 & 24, 2008
Closed Hearing

Parties to the Hearing

Parent
Ms.

School District
Southeastern Greene

Representative

Kelly A. Stepp, Esq.

Representative

Barbara A. Rizzo, Esq.

Transcript Completed

July 11, 2008

Date of Decision

July 16, 2008

Hearing Officer

David Y. K. Lee

II. BACKGROUND

Student is a teenage student who resides in the Southeastern Greene School District (hereafter District). Student began having significant adjustment difficulties, in the form of anxiety and depression, following the untimely death of Student’s [family member] when Student was in the sixth grade as a regular education student in the District. Student was provided with Homebound Instruction (hereafter Homebound) for seventh grade and the second half of eighth grade. Student completed ninth grade at the [redacted] School (hereafter School). Homebound was again instituted from November, 2006 to the end of Student’s tenth grade year at School. For the current 2007-2008 school year, Student is enrolled in the [redacted] Charter School (hereafter Charter School). The parent opined that the District failed in its Child Find obligations and requested a due process hearing.

IV. ISSUES

1. Did the District fail in its Child Find duties? (N.T. 47.)

2. Is Student entitled to compensatory education? (N.T. 47.)

JM-Southeastern-Greene-ODRNo-8557-07-08-AS

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